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  3. Mental Capacity, Dignity and the Power of International Human Rights
  • Cited by 2
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    • Publisher:
      Cambridge University Press
      Publication date:
      03 August 2023
      17 August 2023
      ISBN:
      9781009304481
      9781009304528
      9781009304498
      DOI:
      https://doi.org/10.1017/9781009304481
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.57kg, 298 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      297 Pages
      • Subjects:
      Law: General Interest, Medicine: General Interest, Medico-Legal, Bioethics and Health Law, Law, Human Rights
      Series:
      Cambridge Bioethics and Law
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    Subjects:
    Law: General Interest, Medicine: General Interest, Medico-Legal, Bioethics and Health Law, Law, Human Rights
    Series:
    Cambridge Bioethics and Law
    Information

    Book description

    Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

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